R v Brown

Facts

A group of men willingly took part in sado-masochistic acts, including nailing and burning of the genitals. They used code words so that any of them could stop. Nobody complained. They were charged with assaults occasioning actual bodily harm and with malicious wounding.

Issue

Does consent of the adults make the injury lawful?

Held

By a majority of three to two, the House of Lords upheld the convictions. Consent is not a defence to this level of harm unless there is a good reason, such as properly conducted sport.

Principle

Public policy limits consent. Agreement between adults is not itself a good reason for intentional bodily harm.

Why it matters

It is the modern statement of the limit Donovan had already drawn.

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